Original Content

Members and Leadership Sign Amicus Brief in New York v. Trump

April 12, 2024

Members and leadership of the Society signed this amicus brief in the matter of New York v. Trump, addressing the former president’s contention that that a gag order entered by Justice Juan Merchan is unconstitutional and justifies a stay of the scheduled trial.

The brief argues “Justice Merchan’s order is well justified and fully consistent with governing law. Trump’s criticism of the order and attempt to evade trial on that basis are meritless.” It further argues that “the order entered by Justice Merchan appropriately upholds the judicial responsibility to ensure a fair trial—and does not violate Trump’s rights, which may be limited by virtue of his status as a defendant in this criminal trial.”

Signatories on the brief include:

Donald Ayer: Deputy Attorney General under President Bush (1989-1990)

Ty Cobb: Special Counsel to the President in the Trump Administration (2017-2018)

Tom Coleman: Congressman from Missouri (1976-1993)

Brian Frosh: Attorney General of Maryland (2015-2023)

Stephen Gillers: Elihu Root Professor of Law Emeritus at NYU Law School

Barbara S. Gillers: Chair of the American Bar Association Standing Committee on Ethics and Professional Responsibility (2017-2020)

Philip Lacovara: Counsel to the Special Prosecutor, Watergate Special Prosecutor’s Office (1973-1974)

Frederick Lawrence: Distinguished Lecturer, Georgetown University Law Center

John McKay: U.S. Attorney for the Western District of Washington under President George W. Bush (2001-2007)

Alan Charles Raul: Associate Counsel to the President (1986-1988)

Nicholas Rostow: General Counsel and Senior Policy Adviser to the U.S. Permanent Representative to the United Nations, New York (2001-2005)

Claudine Schneider: Member of the U.S. House of Representatives (R-RI) (1981-1991)

Laurence H. Tribe: Carl M. Loeb University Professor of Constitutional Law Emeritus at Harvard University

Olivia Troye: Special Advisor (Homeland Security and Counterterrorism) to Vice President Mike Pence (2018-2020)

Stanley Twardy: U.S. Attorney for the District of Connecticut (1985-1991)

Shan Wu: Counsel to Attorney General Janet Reno (1999–2000)

Ellen Yaroshefsky: Howard Lichtenstein Distinguished Professor of Legal Ethics at Hofstra Law School

Read the full brief here.